“We hand out subsidies, tax exemptions, no-bid contracts, loan guarantees, land concessions, and regulatory favors — and we ask for almost nothing back. No enforceable promises. No penalty when the promises break. No accounting anyone can follow.” Richard Bodien Blog https://bodien.com/

It’s true. In terms of the big picture discussion, what Richard Bodien writes is absolutely true. I strongly encourage you (on every island – re State/County operations/accountability) to read his entire piece.

Yes, of course there are sometimes “provisions and penalties” but unless the F.B.I. gets a hot tip, the media sinks their teeth into it, the public initiates an investigation, or the State or County auditor dig in, there’s pretty much zero enforcement.

The County of Kaua‘i has no full-time independent auditor AND no full-time investigative office whatsoever. Agencies and Commissions will respond to complaints but never initiate their own investigations.

Every other County in the State has an “Office of the auditor” which has discovered, investigated, and sometimes referred to federal law enforcement – “waste, fraud, and abuse”.

An office of the auditor is required by the Kaua‘i County Charter, yet has been vacant for 11 years.

Consequently there are no independent eyeballs routinely reviewing Kaua‘i County subsidies, tax exemptions, new development compliance, no-bid contracts, land concessions, land purchases, and regulatory favors.

When the County purchases land is there an independent appraisal? Is the seller at “arms length” from the County person/agency initiating the purchase? Is there a real estate agent who receives a commission?

Millions of dollars change hands, with no independent watchdog.

The Kaua‘i Council does authorize a required financial audit of the County Budget, and occasionally will hire an “outside auditor” to conduct a performance audit – but there is no focused, sustained effort to detect waste, fraud, and abuse within the operations of County government.

According to the Kaua‘i Charter, individual Councilmembers may not “interfere with the administrative processes delegated to the mayor…”

However, “The Council or any authorized committee thereof shall have the power to conduct investigations of the operation of any agency or function of the County and any subject upon which the Council may legislate.”

Individual Councilmembers may not meddle, give instructions to individual County employees, or attempt to manage the County day-to-day business.

That’s the Mayor’s job.

HOWEVER, a majority of Councilmembers may authorize and conduct an investigation to ensure that County operations are being conducted fairly, efficiently, legally, and ethically.

That’s the Councils job.

It’s called “checks and balances”.

If you ask Kōloa residents who’ve been tracking closely the seemingly never-ending real estate development in their town, and speak with those folks who’ve been driving by the Coco Palms fiasco for the past 34 years – I believe the consensus would be overwhelmingly clear.

The time for an up-close, independent review of both, is long, long, overdue.

It would seem impossible, irresponsible, and downright crazy to think the permits (County and State) granted to the Coco Palms developers are still valid. Clearly, for whatever reason, the County and the State has turned its head to look the other way, over and over again.

It’s way past time to crack down on the “developer/deal makers”, and the Coco Palms dream/fantasy that’s been sold and resold to investors and public alike, over and over again, for the past 34 years.

The development concessions granted to the various Kōloa developers, likewise seem excessive, unnecessarily generous, and fail to adequately protect cultural and environmental resources.

Is there favoritism? Have all County approvals made been “above board”, conducted in the Sunshine, by individuals without financial conflicts or benefits?

Are County agencies properly enforcing the law and protecting the publics interest, the unique historical, cultural, and environmental elements of Old Koloa Town and the Poʻipū/Kōloa community?

The investigation into the Kōloa situation and the Coco Palms fiasco, cannot wait until the hiring of a full-time independent auditor. The Council could and should, move forward now with a thorough, open, and transparent investigation of both.

The important, and long overdue task of hiring a new full-time independent auditor must then be undertaken by the new, incoming County Council. It makes no sense and will no doubt raise further ethical questions to have the existing Council that includes two Mayoral candidates, select the new auditor.

After-all, the new auditor will be responsible for auditing the new Mayors agencies and operations.

Gh